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LERMA v. STATE

No. 67839.

497 So.2d 736 (1986)

Jessie LERMA, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 10, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen. and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for respondent.

ADKINS, Justice.

We have for review Lerma v. State, 476 So.2d 275 (Fla. 5th DCA 1985), which expressly and directly conflicts with decisions of other district courts of appeal and this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

On September 14, 1984, Lerma entered a plea of guilty to sexual battery involving the use of force not likely to cause serious personal injury, a second degree felony...

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